ASIC can initiate either criminal or civil enforcement proceedings against a corporation or individual, but are likely to initiate criminal offences.

ASIC have recently expressed the view that criminal proceedings and sanctions, including imprisonment, are what will ‘focus the minds’ of those who may be inclined to stray. ASIC can also launch proceedings freezing people’s assets and restricting their travel.

The chairman of ASIC has confirmed our view that offences of insider trading are difficult to prove as the prosecution usually require direct evidence of what the individual said to prove that price sensitive information was supplied. We are well equipped to give advice in this complex area of law and represent you if necessary in respect to any insider trading proceedings.

For further information on insider trading laws, defences, cases or penalties see the articles below:

where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.